Publication details
Následné chování smluvních stran a jeho (ne)samozřejmé využití při jednoduchém výkladu smlouvy
| Title in English | Subsequent conduct - (Non)obvious Use in Simple Contract Interpretation |
|---|---|
| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Field | Law sciences |
| Keywords | contract interpretation; subsequent conduct of parties; post-contractual negotiations |
| Attached files | |
| Description | The interpretation of contracts in the Czech Civil Code lies in the combination of the subjective and (subordinate) objective methods of interpretation. In determining the intent of a party, consideration is to be given to all relevant circumstances of the case including the negotiations, any practices which the parties have established between themselves and any subsequent conduct of the parties. The author argues that there are no convincing reasons of principle, policy or convenience for refusing to receive evidence of post-contractual negotiations and subsequent conduct, even though later recollections of what was meant may be unreliable. The parties’ behavior may naturally better reveal their intentions in a transparent and objective way. Author deals with the extent to which post-contractual negotiations and another subsequent conducts are admissible to aid the interpretation of (commercial) contracts. |